Austin Exempt Employee Misclassification Attorney

Recover Back Pay for Unpaid Overtime in Central Texas

In Austin’s fast-moving work culture—driven by tech and startups, healthcare systems, hospitality and events, construction and development, and professional services—many salaried employees routinely work long hours to keep projects and operations moving. But being paid a salary does not automatically mean you’re exempt from overtime under wage and hour law.

Some employers misclassify employees as exempt to avoid paying overtime. When that happens, workers may be expected to work 50, 60, or more hours each week with no overtime pay—even though the law may require it.

At Fair Labor Law, our founding wage & hour law attorney, Aaron Johnson represents employees in Austin and throughout Texas who believe they were wrongly treated as exempt. He can review your pay structure and job duties, explain your options under the Fair Labor Standards Act (FLSA), and pursue compensation for unpaid overtime if you’re owed it.

Schedule a free case review right away. Call (888) 333-7147 or contact us online to get started.

Salary vs. Exempt Status: What Austin Workers Should Know

A common myth is: “If I’m salaried, I don’t get overtime.” In reality, overtime eligibility depends on how much you’re paid and what you actually do at work.

In Austin, misclassification issues often show up in roles like:

• “Managers” who mostly do hands-on production work instead of true management
• Office staff labeled “administrative” without real independent judgment
• IT, project, or operations employees expected to be available around the clock
• Salaried employees who do mostly routine, non-discretionary tasks
• Team leads who supervise in name only, without input into hiring, firing, promotions, or discipline

Am I an “Exempt” Salaried Worker Under the FLSA?

Determining exempt status can be confusing because the rules involve more than just your job title. Many employers use impressive-sounding titles that don’t match the legal definitions.

Here are the key baseline rules for certain FLSA “white collar” exemptions:

1) Salary Basis

For exemptions that require a salary, your pay must be determined on a weekly or less frequent basis (e.g., monthly or annual). That means that if you’re paid primarily on a daily rate, hourly, or any other basis, these exemptions might be out of the question. 

2) The Salary Threshold (Minimum Pay Requirement)

If you make less than $35,568 per year (or $684 per week), you are generally considered non-exempt under exemptions that include the salary basis requirement, such as the administrative, executive, professional, and computer exemptions.

This threshold is adjusted periodically. Some states with higher costs of living set a higher ceiling> But Texas doesn’t have its own state overtime law, so overtime exemption classification in Texas is evaluated under federal FLSA rules.

• Important note: This minimum salary threshold typically does not apply to certain professions such as physicians, teachers, attorneys, or outside salespersons.

3) The Duties Test (What You Actually Do)

If you make more than $35,568 per year (or $684 per week), you might be exempt—but only if your job duties meet specific legal tests. Under the FLSA, the most common “white collar” exemptions include administrative, executive, professional, and computer roles.

Below is a simplified overview of how these are often evaluated:

Administrative Exemption (Commonly Misused)

You may be classified as administratively exempt only if you primarily:

• Perform office or non-manual work, and
• Have meaningful decision-making authority (not only following procedures)

Executive Exemption

You may qualify as exempt under the executive exemption only if you truly:

• Have authority to make or influence employment decisions, like hiring, firing, promotions, or discipline
• Manage a department or team, and
• Direct the work of two or more full-time employees (or the equivalent)

Professional Exemption

You may be considered exempt as a “professional” only if your work:

• Requires advanced knowledge,
• Involves mostly intellectual tasks that often require exercise of discretion and judgment
• Usually requires an advanced degree or prolonged course of instruction

There are also other exemptions that may apply depending on your role and industry. Because job descriptions don’t always match real day-to-day duties, our services include a careful review of your situation to determine whether your classification appears lawful.

Unpaid Overtime: How Misclassification Costs You Money

When you’re misclassified as exempt, you may be denied overtime even though you’re putting in substantial extra hours.

Under federal rules, overtime is generally any time worked over 40 hours in a single workweek. Overtime must be paid at at least 1.5 times your regular rate of pay. (Some states have additional daily overtime rules, but in Texas, overtime claims are based on the FLSA’s weekly standard.)

Think about what that means in real terms. If you routinely work 60 hours a week, that’s 20 overtime hours—every week—potentially unpaid. Over months or years, the value of that unpaid time can become significant.

Compensation You can Recover in an Exempt Misclassification Claim

If you were wrongly classified as exempt, a successful claim may allow you to recover compensation such as:

• Unpaid overtime (back pay)
• “Liquidated damages” in an amount equal to the unpaid overtime (resulting in “double damages”)

Our Austin misclassification attorney can help you evaluate whether a wage claim makes sense, estimate what may be owed, and guide you through the process of pursuing recovery.

How an Austin Exempt Employee Misclassification Lawyer Can Help

Misclassification cases often come down to details—how your work is structured, what discretion you actually have, and what your “regular rate” should be based on your compensation.

At Fair Labor Law, an attorney can help by:

• Reviewing your pay records, job duties, and internal policies
• Identifying whether an exemption likely applies (or was misused)
• Explaining how overtime calculations work for salaried non-exempt employees
• Pursuing unpaid wages through the appropriate legal process
• Helping you navigate your claim with experienced guidance from start to finish

We’re familiar with how these matters are evaluated and what employers commonly argue in defense of misclassification.

Don't hesitate—reach out to an experienced exempt and salaried employee misclassification lawyer near you. Complete an online form to take the next step.

Misclassification FAQs

Can My Austin  Employer Avoid Paying Overtime Just by Paying Me a Salary?

No. Being paid a salary does not automatically make you exempt from overtime. Under the FLSA, exemption depends on both your salary level and your actual job duties. If your role does not meet a specific exemption test, you may still be owed overtime for hours worked over 40 in a workweek. Fair Labor Law regularly reviews salary misclassification cases to determine whether unpaid overtime is recoverable.

Can My Austin  Employer Claim an Overtime Exemption if I’m Not Paid a Salary?

It depends. Some exemptions–like the administrative, executive, professional, and computer exemptions–require compensation on a salary basis, which means a fixed amount per week (or less frequent basis, like per month or year). If you’re paid primarily by a day rate, piece rate, by the hour, or any other basis, these exemptions probably can’t apply to you.

What If My Job Title Says “Manager,” but I Mostly Do the Same Work as Everyone Else?

Job titles do not control overtime eligibility. What matters is what you actually do day to day. If you primarily perform the same production or frontline work as non-managers and lack real authority over hiring, firing, or directing employees, you may be misclassified. An exempt and salaried employee misclassification attorney in Austin at Fair Labor Law can evaluate whether the executive exemption truly applies based on your duties, not your title.

How Many Hours Can an Exempt Employee Be Required to Work in Austin?

Properly classified exempt employees can be required to work long or irregular hours without overtime pay. However, if you were wrongly classified as exempt, you may be entitled to overtime for all hours worked over 40 in a workweek. Fair Labor Law helps workers determine whether their exemption status was lawful and whether back overtime wages may be owed.

What Evidence Helps Prove Misclassification?

Helpful evidence includes time records, schedules, job descriptions, pay stubs, emails or messages showing after-hours work, written policies, and testimony about your actual duties. Proof showing lack of decision-making authority or close supervision is especially important. An exempt and salaried employee misclassification lawyer can review these materials to compare your real work conditions against federal wage and hour requirements.

Do You Offer Help in Spanish?

Yes. Fair Labor Law provides legal services in English and Spanish. We believe language should never be a barrier to understanding your rights or pursuing unpaid wages. Spanish-speaking clients receive the same careful review, clear explanations, and dedicated advocacy throughout their wage and hour or misclassification matter.

Talk to an Austin Misclassification Attorney About Your Overtime Rights

If you work in Austin or the surrounding Central Texas area and believe you were classified as “exempt” to avoid overtime pay, we can help you understand your rights and next steps.

Contact us online or call (888) 333-7147 to schedule a free case review with a qualified exempt and salaried employee misclassification lawyer in Austin.